Case information
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40331
His Majesty the King v. Olivier Chatillon
(Quebec) (Criminal) (As of Right)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-01-26 | Appeal closed | |
| 2023-03-22 | Transcript received, 75 pages | |
| 2023-03-22 | General proceeding, Case Sensitivity Questionnaire | His Majesty the King |
| 2023-03-20 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2023-03-20 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2023-03-16 | General proceeding, Case Sensitivity Questionnaire | Olivier Chatillon |
| 2023-03-15 |
Judgment on the appeal rendered, CJ Ka Côt Row Mar Kas Ob, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-10-007350-208, 2022 QCCA 1072, dated August 1, 2022, was heard on March 15, 2023, and the Court on that day delivered the following judgment orally: [TRANSLATION] THE CHIEF JUSTICE — A majority of the Court is of the view that the appeal should be allowed on the sole issue of the respondent’s consent to the disclosure of his admissions, discussed by the dissenting judge at paras. 83 85 of the reasons. In the Court’s opinion, this is sufficient to dispose of the appeal. Côté J. would have dismissed the appeal, substantially for the reasons of the majority of the Court of Appeal. The appeal is allowed, the judgment of the Court of Appeal is set aside and the respondent’s conviction is restored. Allowed |
|
| 2023-03-15 | Hearing of the appeal, 2023-03-15, CJ Ka Côt Row Mar Kas Ob | |
| 2023-03-09 | Respondent's condensed book, (Book Form), (Printed version filed on 2023-03-09) | Olivier Chatillon |
| 2023-03-08 | Appellant's condensed book, (Book Form), (Printed version filed on 2023-03-09) | His Majesty the King |
| 2023-03-02 | Intervener's condensed book, (Book Form), (Printed version filed on 2023-03-13) | Association québécoise des avocats et avocates de la défense |
| 2023-02-20 | Notice of appearance, Me Cynthia Lacombe will be appearing via Zoom and will present oral argument. | Association québécoise des avocats et avocates de la défense |
| 2023-02-17 | Notice of appearance, Me Maxime Hébrard and Me Julien Fitzgerald will be appearing before the Court in person. Me Maxime Hébrard will present oral argument. | His Majesty the King |
| 2023-02-17 | Notice of appearance, Me Nicolas Lemyre-Cossette and Me Marie-Pier Boulet will be appearing before the Court in person. Me Nicolas Lemyre-Cossette will present oral argument. | Olivier Chatillon |
| 2023-02-07 |
Intervener's factum, (Book Form), Missing: - 23B, Incomplete, (Printed version filed on 2023-02-09) |
Association québécoise des avocats et avocates de la défense |
| 2022-12-19 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2022-12-20) | Olivier Chatillon |
| 2022-12-19 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-12-20) | Olivier Chatillon |
| 2022-12-19 | Respondent's book of authorities, (Book Form), Completed on: 2022-12-20, (Printed version due on 2022-12-28) | Olivier Chatillon |
| 2022-12-19 | Respondent's factum, (Book Form), Completed on: 2022-12-20, (Printed version filed on 2022-12-20) | Olivier Chatillon |
| 2022-12-15 | Order on motion to extend time, by O'BONSAWIN J. | |
| 2022-12-15 | Order on motion for leave to intervene, by O'BONSAWIN J. | |
| 2022-12-15 |
Decision on motion to extend time, See order on motion for leave to intervene., Ob Granted |
|
| 2022-12-15 |
Decision on the motion for leave to intervene, Ob, UPON APPLICATION by the Association québécoise des avocats et avocates de la défense for leave to intervene in the above appeal and for an order extending the time to serve and file its motion for leave to intervene; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension of time is granted. The motion for leave to intervene is granted and the intervener shall be entitled to serve and file a factum not to exceed ten (10) pages in length and a book of authorities, if any, on or before February 7, 2023. The intervener is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The intervener shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellant and the respondent any additional disbursements resulting from its intervention. Granted |
|
| 2022-12-14 | Submission of motion to extend time, Ob | |
| 2022-12-14 | Submission of motion for leave to intervene, Ob | |
| 2022-11-30 | Motion to extend time, (Letter Form), For the Motion for leave to intervene., Completed on: 2022-12-07 | Association québécoise des avocats et avocates de la défense |
| 2022-11-24 | Notice of name, (Letter Form), Missing: Proof of Service (rec' 11/25/22), (Printed version filed on 2022-11-30) | Association québécoise des avocats et avocates de la défense |
| 2022-11-24 | Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 11/29/22), Motion for an extension of time (rec' 11/30/22), Proof of Service (rec' 11/25/22), Completed on: 2022-12-07, (Printed version filed on 2022-11-30) | Association québécoise des avocats et avocates de la défense |
| 2022-11-01 | Notice of hearing sent to parties, (by email) | |
| 2022-11-01 | Appeal hearing scheduled, 2023-03-15 | |
| 2022-10-24 | Certificate of counsel (attesting to record) | His Majesty the King |
| 2022-10-24 | Certificate (on limitations to public access), 23A/23B (Record) | His Majesty the King |
| 2022-10-24 | Certificate (on limitations to public access), 23A/23B (Factum) | His Majesty the King |
| 2022-10-24 | Appellant's book of authorities, (Book Form), Completed on: 2022-10-31 | His Majesty the King |
| 2022-10-24 |
Appellant's record, (Book Form), (3 volumes), Vol 1 Vol 2 & 3 (original & redacted versions) , Completed on: 2022-10-31, (Printed version filed on 2022-10-24) |
His Majesty the King |
| 2022-10-24 |
Appellant's factum, (Book Form), - Original copy (rec'd 2022-10-24) - Redacted copy (rec'd 2022-10-24), Completed on: 2022-10-31, (Printed version filed on 2022-10-24) |
His Majesty the King |
| 2022-10-17 | Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right) | |
| 2022-08-31 | Letter acknowledging receipt of a notice of appeal, FILE OPENED 2022-08-31 | |
| 2022-08-29 | Certificate (on limitations to public access), (Included in the certificate (on limitations to public access)), 23B - notice of appeal | His Majesty the King |
| 2022-08-29 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-08-29) | His Majesty the King |
| 2022-08-29 | Notice of name, (Letter Form), (Printed version filed on 2022-08-29) | His Majesty the King |
| 2022-08-29 | Notice of appeal, (Letter Form), Completed on: 2022-08-29, (Printed version filed on 2022-08-29) | His Majesty the King |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| His Majesty the King | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Chatillon, Olivier | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Association québécoise des avocats et avocates de la défense | Intervener | Active |
Counsel
Party: His Majesty the King
Counsel
1111 boul. Jacques-Cartier Est
Longueuil, Quebec
J4M 2J6
Telephone: (450) 646-4012 Ext: 61189
FAX: (450) 928-7486
Email: maxime.hebrard@dpcp.gouv.qc.ca
Agent
Palais de justice de Gatineau
17, rue Laurier, Bureau 1.230
Gatineau, Quebec
J8X 4C1
Telephone: (819) 776-8111 Ext: 60442
FAX: (819) 772-3986
Email: isabelle.bouchard@dpcp.gouv.qc.ca
Party: Chatillon, Olivier
Counsel
Marie-Pier Boulet
22, rue Paré
Granby, Quebec
J2G 5C8
Telephone: (450) 770-2121 Ext: 228
FAX: (450) 372-7965
Email: n.cossette@pfcavocats.ca
Party: Association québécoise des avocats et avocates de la défense
Counsel
2950, rue Lucien-L'Allier, Suite 220
Laval, Quebec
H3G 0G7
Telephone: (514) 666-1111
FAX: (514) 221-2137
Email: info@bmdavocats.com
Summary
Keywords
Criminal law — Evidence — Admissibility — Admissions — Wigmore test — Whether majority of Quebec Court of Appeal erred in law in finding respondent’s admissions inadmissible on ground that they were privileged under Wigmore test.<br>
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
(PUBLICATION BAN)
After a trial in the Court of Québec, the respondent, Olivier Chatillon, was convicted of one count of sexual assault of a child. The trial judge held that the prosecution’s case could be based on the admissions made to the professionals who had assessed him, although he had met with them during an entirely voluntary therapeutic process to receive treatment for problems associated with substance abuse and sexual deviance. The Court of Appeal, for the reasons given by Vauclair J.A. and concurred in by Healy J.A., granted the motion for leave to appeal, allowed the appeal and acquitted the respondent. It declared that the admissions were inadmissible in evidence based on its analysis of the Wigmore criteria for privilege. Mainville J.A., dissenting, would have dismissed the respondent’s appeal on the ground that the admissions were admissible because they were not privileged. By consenting to the disclosure of his admissions, the respondent had expressly waived their confidentiality.
Lower court rulings
Court of Quebec
2020 QCCQ 2044, 455-01-016160-180
Conviction for sexual assault entered
Court of Appeal of Quebec (Montréal)
2022 QCCA 1072, 500-10-007350-208
Motion for leave to appeal allowed; appeal allowed; respondent acquitted
Memorandums of argument on application for leave to appeal
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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